§7-9A-314. Perfection by control.  


Latest version.
  • (a) Perfection by control. A security interest in investment property, deposit accounts, letter-of-credit rights, electronic chattel paper, or electronic documents may be perfected by control of the collateral under Section 7-7-106, 7-9A-104, 7-9A-105, 7-9A-106, or 7-9A-107.

    (b) Specified collateral: Time of perfection by control; continuation of perfection. A security interest in deposit accounts, electronic chattel paper, letter-of-credit rights, or electronic documents is perfected by control under Section 7-7-106, 7-9A-104, 7-9A-105, or 7-9A-107 when the secured party obtains control and remains perfected by control only while the secured party retains control.

    (c) Investment property: Time of perfection by control; continuation of perfection. A security interest in investment property is perfected by control under Section 7-9A-106 from the time the secured party obtains control and remains perfected by control until:

    (1) the secured party does not have control; and

    (2) one of the following occurs:

    (A) if the collateral is a certificated security, the debtor has or acquires possession of the security certificate;

    (B) if the collateral is an uncertificated security, the issuer has registered or registers the debtor as the registered owner; or

    (C) if the collateral is a security entitlement, the debtor is or becomes the entitlement holder.

(Act 2001-481, p. 647, §1; Act 2004-315, p. 464, §2.)